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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Gambling Act is amended by changing | |||||||||||||||||||
5 | Section 5 as follows:
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6 | (230 ILCS 10/5) (from Ch. 120, par. 2405)
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7 | Sec. 5. Gaming Board.
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8 | (a) (1) There is hereby established the
Illinois Gaming | |||||||||||||||||||
9 | Board, which shall have the powers and duties specified in
this | |||||||||||||||||||
10 | Act, and all other powers necessary and proper to fully and
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11 | effectively execute this Act for the purpose of administering, | |||||||||||||||||||
12 | regulating,
and enforcing the system of riverboat and casino | |||||||||||||||||||
13 | gambling established by this Act and gaming pursuant to an | |||||||||||||||||||
14 | organization gaming license issued under this Act. Its
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15 | jurisdiction shall extend under this Act to every person, | |||||||||||||||||||
16 | association,
corporation, partnership and trust involved in | |||||||||||||||||||
17 | riverboat and casino gambling
operations and gaming pursuant to | |||||||||||||||||||
18 | an organization gaming license issued under this Act in the | |||||||||||||||||||
19 | State of Illinois.
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20 | (2) The Board shall consist of 5 members to be appointed by | |||||||||||||||||||
21 | the Governor
with the advice and consent of the Senate, one of | |||||||||||||||||||
22 | whom shall be designated
by the Governor to be chairperson. | |||||||||||||||||||
23 | Each member shall have a reasonable
knowledge of the practice, |
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| |||||||
1 | procedure and principles of gambling operations.
Each member | ||||||
2 | shall either be a resident of Illinois or shall certify that he | ||||||
3 | or she
will become a resident of Illinois before taking office. | ||||||
4 | On and after the effective date of this amendatory Act of | ||||||
5 | the 101st General Assembly, new appointees to the Board must | ||||||
6 | include the following: | ||||||
7 | (A) One member who has received, at a minimum, a | ||||||
8 | bachelor's degree from an accredited school and at least 10 | ||||||
9 | years of verifiable experience in the fields of | ||||||
10 | investigation and law enforcement. | ||||||
11 | (B) One member who is a certified public accountant | ||||||
12 | with experience in auditing and with knowledge of complex | ||||||
13 | corporate structures and transactions. | ||||||
14 | (C) One member who has 5 years' experience as a | ||||||
15 | principal, senior officer, or director of a company or | ||||||
16 | business with either material responsibility for the daily | ||||||
17 | operations and management of the overall company or | ||||||
18 | business or material responsibility for the policy making | ||||||
19 | of the company or business. | ||||||
20 | (D) One member who is an attorney licensed to practice | ||||||
21 | law in Illinois for at least 5 years. | ||||||
22 | Notwithstanding any provision of this subsection (a), the | ||||||
23 | requirements of subparagraphs (A) through (D) of this paragraph | ||||||
24 | (2) shall not apply to any person reappointed pursuant to | ||||||
25 | paragraph (3). | ||||||
26 | No more than 3 members of the Board may be from the same |
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| |||||||
1 | political party. No Board member shall, within a period of one | ||||||
2 | year immediately preceding nomination, have been employed or | ||||||
3 | received compensation or fees for services from a person or | ||||||
4 | entity, or its parent or affiliate, that has engaged in | ||||||
5 | business with the Board, a licensee, or a licensee under the | ||||||
6 | Illinois Horse Racing Act of 1975. Board members must publicly | ||||||
7 | disclose all prior affiliations with gaming interests, | ||||||
8 | including any compensation, fees, bonuses, salaries, and other | ||||||
9 | reimbursement received from a person or entity, or its parent | ||||||
10 | or affiliate, that has engaged in business with the Board, a | ||||||
11 | licensee, or a licensee under the Illinois Horse Racing Act of | ||||||
12 | 1975. This disclosure must be made within 30 days after | ||||||
13 | nomination but prior to confirmation by the Senate and must be | ||||||
14 | made available to the members of the Senate.
| ||||||
15 | (3) The terms of office of the Board members shall be 3 | ||||||
16 | years, except
that the terms of office of the initial Board | ||||||
17 | members appointed pursuant to
this Act will commence from the | ||||||
18 | effective date of this Act and run as
follows: one for a term | ||||||
19 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | ||||||
20 | a term ending July 1, 1993. Upon the expiration of the
| ||||||
21 | foregoing terms, the successors of such members shall serve a | ||||||
22 | term for 3
years and until their successors are appointed and | ||||||
23 | qualified for like terms.
Vacancies in the Board shall be | ||||||
24 | filled for the unexpired term in like
manner as original | ||||||
25 | appointments. Each member of the Board shall be
eligible for | ||||||
26 | reappointment at the discretion of the Governor with the
advice |
| |||||||
| |||||||
1 | and consent of the Senate.
| ||||||
2 | (4) Each member of the Board shall receive $300 for each | ||||||
3 | day the
Board meets and for each day the member conducts any | ||||||
4 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
5 | also be reimbursed for all actual
and necessary expenses and | ||||||
6 | disbursements incurred in the execution of official
duties.
| ||||||
7 | (5) No person shall be appointed a member of the Board or | ||||||
8 | continue to be
a member of the Board who is, or whose spouse, | ||||||
9 | child or parent is, a member
of the board of directors of, or a | ||||||
10 | person financially interested in, any
gambling operation | ||||||
11 | subject to the jurisdiction of this Board, or any race
track, | ||||||
12 | race meeting, racing association or the operations thereof | ||||||
13 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
14 | Board member shall
hold any other public office. No person | ||||||
15 | shall be a
member of the Board who is not of good moral | ||||||
16 | character or who has been
convicted of, or is under indictment | ||||||
17 | for, a felony under the laws of
Illinois or any other state, or | ||||||
18 | the United States.
| ||||||
19 | (5.5) No member of the Board shall engage in any political | ||||||
20 | activity. For the purposes of this Section, "political" means | ||||||
21 | any activity in support
of or in connection with any campaign | ||||||
22 | for federal, State, or local elective office or any political
| ||||||
23 | organization, but does not include activities (i) relating to | ||||||
24 | the support or
opposition of any executive, legislative, or | ||||||
25 | administrative action (as those
terms are defined in Section 2 | ||||||
26 | of the Lobbyist Registration Act), (ii) relating
to collective |
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| |||||||
1 | bargaining, or (iii) that are
otherwise
in furtherance of the | ||||||
2 | person's official
State duties or governmental and public | ||||||
3 | service functions.
| ||||||
4 | (6) Any member of the Board may be removed by the Governor | ||||||
5 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
6 | in office or for engaging in any political activity.
| ||||||
7 | (7) Before entering upon the discharge of the duties of his | ||||||
8 | office, each
member of the Board shall take an oath that he | ||||||
9 | will faithfully execute the
duties of his office according to | ||||||
10 | the laws of the State and the rules and
regulations adopted | ||||||
11 | therewith and shall give bond to the State of Illinois,
| ||||||
12 | approved by the Governor, in the sum of $25,000. Every such | ||||||
13 | bond, when
duly executed and approved, shall be recorded in the | ||||||
14 | office of the
Secretary of State. Whenever the Governor | ||||||
15 | determines that the bond of any
member of the Board has become | ||||||
16 | or is likely to become invalid or
insufficient, he shall | ||||||
17 | require such member forthwith to renew his bond,
which is to be | ||||||
18 | approved by the Governor. Any member of the Board who fails
to | ||||||
19 | take oath and give bond within 30 days from the date of his | ||||||
20 | appointment,
or who fails to renew his bond within 30 days | ||||||
21 | after it is demanded by the
Governor, shall be guilty of | ||||||
22 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
23 | any bond given by any member of the Board under this
Section | ||||||
24 | shall be taken to be a part of the necessary expenses of the | ||||||
25 | Board.
| ||||||
26 | (7.5) For the examination of all mechanical, |
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1 | electromechanical, or electronic table games, slot machines, | ||||||
2 | slot accounting systems, sports wagering systems, and other | ||||||
3 | electronic gaming equipment, and the field inspection of such | ||||||
4 | systems, games, and machines, for compliance with this Act, the | ||||||
5 | Board shall utilize the services of independent outside testing | ||||||
6 | laboratories that have been accredited in accordance with | ||||||
7 | ISO/IEC 17025 by an accreditation body that is a signatory to | ||||||
8 | the International Laboratory Accreditation Cooperation Mutual | ||||||
9 | Recognition Agreement signifying they are qualified to perform | ||||||
10 | such examinations. Notwithstanding any law to the contrary, the | ||||||
11 | Board shall consider the licensing of independent outside | ||||||
12 | testing laboratory applicants in accordance with procedures | ||||||
13 | established by the Board by rule. The Board shall not withhold | ||||||
14 | its approval of an independent outside testing laboratory | ||||||
15 | license applicant that has been accredited as required under | ||||||
16 | this paragraph (7.5) and is licensed in gaming jurisdictions | ||||||
17 | comparable to Illinois. Upon the finalization of required | ||||||
18 | rules, the Board shall license independent testing | ||||||
19 | laboratories and accept the test reports of any licensed | ||||||
20 | testing laboratory of the system's, game's, or machine | ||||||
21 | manufacturer's choice, notwithstanding the existence of | ||||||
22 | contracts between the Board and any independent testing | ||||||
23 | laboratory. | ||||||
24 | (8) The Board shall employ such
personnel as may be | ||||||
25 | necessary to carry out its functions and shall determine the | ||||||
26 | salaries of all personnel, except those personnel whose |
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| |||||||
1 | salaries are determined under the terms of a collective | ||||||
2 | bargaining agreement. No
person shall be employed to serve the | ||||||
3 | Board who is, or whose spouse, parent
or child is, an official | ||||||
4 | of, or has a financial interest in or financial
relation with, | ||||||
5 | any operator engaged in gambling operations within this
State | ||||||
6 | or any organization engaged in conducting horse racing within | ||||||
7 | this
State. For the one year immediately preceding employment, | ||||||
8 | an employee shall not have been employed or received | ||||||
9 | compensation or fees for services from a person or entity, or | ||||||
10 | its parent or affiliate, that has engaged in business with the | ||||||
11 | Board, a licensee, or a licensee under the Illinois Horse | ||||||
12 | Racing Act of 1975. Any employee violating these prohibitions | ||||||
13 | shall be subject to
termination of employment.
| ||||||
14 | (9) An Administrator shall perform any and all duties that | ||||||
15 | the Board
shall assign him. The salary of the Administrator | ||||||
16 | shall be determined by
the Board and, in addition,
he shall be | ||||||
17 | reimbursed for all actual and necessary expenses incurred by
| ||||||
18 | him in discharge of his official duties. The Administrator | ||||||
19 | shall keep
records of all proceedings of the Board and shall | ||||||
20 | preserve all records,
books, documents and other papers | ||||||
21 | belonging to the Board or entrusted to
its care. The | ||||||
22 | Administrator shall devote his full time to the duties of
the | ||||||
23 | office and shall not hold any other office or employment.
| ||||||
24 | (b) The Board shall have general responsibility for the | ||||||
25 | implementation
of this Act. Its duties include, without | ||||||
26 | limitation, the following:
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1 | (1) To decide promptly and in reasonable order all | ||||||
2 | license applications.
Any party aggrieved by an action of | ||||||
3 | the Board denying, suspending,
revoking, restricting or | ||||||
4 | refusing to renew a license may request a hearing
before | ||||||
5 | the Board. A request for a hearing must be made to the | ||||||
6 | Board in
writing within 5 days after service of notice of | ||||||
7 | the action of the Board.
Notice of the action of the Board | ||||||
8 | shall be served either by personal
delivery or by certified | ||||||
9 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
10 | served by certified mail shall be deemed complete on the | ||||||
11 | business
day following the date of such mailing. The Board | ||||||
12 | shall conduct any such hearings promptly and in reasonable | ||||||
13 | order;
| ||||||
14 | (2) To conduct all hearings pertaining to civil | ||||||
15 | violations of this Act
or rules and regulations promulgated | ||||||
16 | hereunder;
| ||||||
17 | (3) To promulgate such rules and regulations as in its | ||||||
18 | judgment may be
necessary to protect or enhance the | ||||||
19 | credibility and integrity of gambling
operations | ||||||
20 | authorized by this Act and the regulatory process | ||||||
21 | hereunder;
| ||||||
22 | (4) To provide for the establishment and collection of | ||||||
23 | all license and
registration fees and taxes imposed by this | ||||||
24 | Act and the rules and
regulations issued pursuant hereto. | ||||||
25 | All such fees and taxes shall be
deposited into the State | ||||||
26 | Gaming Fund;
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| |||||||
1 | (5) To provide for the levy and collection of penalties | ||||||
2 | and fines for the
violation of provisions of this Act and | ||||||
3 | the rules and regulations
promulgated hereunder. All such | ||||||
4 | fines and penalties shall be deposited
into the Education | ||||||
5 | Assistance Fund, created by Public Act 86-0018, of the
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6 | State of Illinois;
| ||||||
7 | (6) To be present through its inspectors and agents any | ||||||
8 | time gambling
operations are conducted on any riverboat, in | ||||||
9 | any casino, or at any organization gaming
facility for the | ||||||
10 | purpose of certifying the
revenue thereof, receiving | ||||||
11 | complaints from the public, and conducting such
other | ||||||
12 | investigations into the conduct of the gambling games and | ||||||
13 | the
maintenance of the equipment as from time to time the | ||||||
14 | Board may deem
necessary and proper;
| ||||||
15 | (7) To review and rule upon any complaint by a licensee
| ||||||
16 | regarding any investigative procedures of the State which | ||||||
17 | are unnecessarily
disruptive of gambling operations. The | ||||||
18 | need to inspect and investigate
shall be presumed at all | ||||||
19 | times. The disruption of a licensee's operations
shall be | ||||||
20 | proved by clear and convincing evidence, and establish | ||||||
21 | that: (A)
the procedures had no reasonable law enforcement | ||||||
22 | purposes, and (B) the
procedures were so disruptive as to | ||||||
23 | unreasonably inhibit gambling operations;
| ||||||
24 | (8) To hold at least one meeting each quarter of the | ||||||
25 | fiscal
year. In addition, special meetings may be called by | ||||||
26 | the Chairman or any 2
Board members upon 72 hours written |
| |||||||
| |||||||
1 | notice to each member. All Board
meetings shall be subject | ||||||
2 | to the Open Meetings Act. Three members of the
Board shall | ||||||
3 | constitute a quorum, and 3 votes shall be required for any
| ||||||
4 | final determination by the Board. The Board shall keep a | ||||||
5 | complete and
accurate record of all its meetings. A | ||||||
6 | majority of the members of the Board
shall constitute a | ||||||
7 | quorum for the transaction of any business, for the
| ||||||
8 | performance of any duty, or for the exercise of any power | ||||||
9 | which this Act
requires the Board members to transact, | ||||||
10 | perform or exercise en banc, except
that, upon order of the | ||||||
11 | Board, one of the Board members or an
administrative law | ||||||
12 | judge designated by the Board may conduct any hearing
| ||||||
13 | provided for under this Act or by Board rule and may | ||||||
14 | recommend findings and
decisions to the Board. The Board | ||||||
15 | member or administrative law judge
conducting such hearing | ||||||
16 | shall have all powers and rights granted to the
Board in | ||||||
17 | this Act. The record made at the time of the hearing shall | ||||||
18 | be
reviewed by the Board, or a majority thereof, and the | ||||||
19 | findings and decision
of the majority of the Board shall | ||||||
20 | constitute the order of the Board in
such case;
| ||||||
21 | (9) To maintain records which are separate and distinct | ||||||
22 | from the records
of any other State board or commission. | ||||||
23 | Such records shall be available
for public inspection and | ||||||
24 | shall accurately reflect all Board proceedings;
| ||||||
25 | (10) To file a written annual report with the Governor | ||||||
26 | on or before
July 1 each year and such additional reports |
| |||||||
| |||||||
1 | as the Governor may request.
The annual report shall | ||||||
2 | include a statement of receipts and disbursements
by the | ||||||
3 | Board, actions taken by the Board, and any additional | ||||||
4 | information
and recommendations which the Board may deem | ||||||
5 | valuable or which the Governor
may request;
| ||||||
6 | (11) (Blank);
| ||||||
7 | (12) (Blank);
| ||||||
8 | (13) To assume responsibility for administration and | ||||||
9 | enforcement of the
Video Gaming Act; | ||||||
10 | (13.1) To assume responsibility for the administration | ||||||
11 | and enforcement
of operations at organization gaming | ||||||
12 | facilities pursuant to this Act and the
Illinois Horse | ||||||
13 | Racing Act of 1975; | ||||||
14 | (13.2) To assume responsibility for the administration | ||||||
15 | and enforcement
of the Sports Wagering Act; and | ||||||
16 | (14) To adopt, by rule, a code of conduct governing | ||||||
17 | Board members and employees that ensure, to the maximum | ||||||
18 | extent possible, that persons subject to this Code avoid | ||||||
19 | situations, relationships, or associations that may | ||||||
20 | represent or lead to a conflict of interest.
| ||||||
21 | Internal controls and changes submitted by licensees must | ||||||
22 | be reviewed and either approved or denied with cause within 90 | ||||||
23 | days after receipt of submission is deemed final by the | ||||||
24 | Illinois Gaming Board. In the event an internal control | ||||||
25 | submission or change does not meet the standards set by the | ||||||
26 | Board, staff of the Board must provide technical assistance to |
| |||||||
| |||||||
1 | the licensee to rectify such deficiencies within 90 days after | ||||||
2 | the initial submission and the revised submission must be | ||||||
3 | reviewed and approved or denied with cause within 90 days after | ||||||
4 | the date the revised submission is deemed final by the Board. | ||||||
5 | For the purposes of this paragraph, "with cause" means that the | ||||||
6 | approval of the submission would jeopardize the integrity of | ||||||
7 | gaming. In the event the Board staff has not acted within the | ||||||
8 | timeframe, the submission shall be deemed approved. | ||||||
9 | (c) The Board shall have jurisdiction over and shall | ||||||
10 | supervise all
gambling operations governed by this Act. The | ||||||
11 | Board shall have all powers
necessary and proper to fully and | ||||||
12 | effectively execute the provisions of
this Act, including, but | ||||||
13 | not limited to, the following:
| ||||||
14 | (1) To investigate applicants and determine the | ||||||
15 | eligibility of
applicants for licenses and to select among | ||||||
16 | competing applicants the
applicants which best serve the | ||||||
17 | interests of the citizens of Illinois.
| ||||||
18 | (2) To have jurisdiction and supervision over all | ||||||
19 | riverboat gambling
operations authorized under this Act | ||||||
20 | and all persons in places where gambling
operations are | ||||||
21 | conducted.
| ||||||
22 | (3) To promulgate rules and regulations for the purpose | ||||||
23 | of administering
the provisions of this Act and to | ||||||
24 | prescribe rules, regulations and
conditions under which | ||||||
25 | all gambling operations subject to this
Act shall be
| ||||||
26 | conducted. Such rules and regulations are to provide for |
| |||||||
| |||||||
1 | the prevention of
practices detrimental to the public | ||||||
2 | interest and for the best interests of
riverboat gambling, | ||||||
3 | including rules and regulations regarding the
inspection | ||||||
4 | of organization gaming facilities, casinos, and | ||||||
5 | riverboats, and the review of any permits or licenses
| ||||||
6 | necessary to operate a riverboat, casino, or organization | ||||||
7 | gaming facility under any laws or regulations applicable
to | ||||||
8 | riverboats, casinos, or organization gaming facilities and | ||||||
9 | to impose penalties for violations thereof.
| ||||||
10 | (4) To enter the office, riverboats, casinos, | ||||||
11 | organization gaming facilities, and
other facilities, or | ||||||
12 | other
places of business of a licensee, where evidence of | ||||||
13 | the compliance or
noncompliance with the provisions of this | ||||||
14 | Act is likely to be found.
| ||||||
15 | (5) To investigate alleged violations of this Act or | ||||||
16 | the
rules of the Board and to take appropriate disciplinary
| ||||||
17 | action against a licensee or a holder of an occupational | ||||||
18 | license for a
violation, or institute appropriate legal | ||||||
19 | action for enforcement, or both.
| ||||||
20 | (6) To adopt standards for the licensing of all persons | ||||||
21 | and entities under this Act,
as well as for electronic or | ||||||
22 | mechanical gambling games, and to establish
fees for such | ||||||
23 | licenses.
| ||||||
24 | (7) To adopt appropriate standards for all | ||||||
25 | organization gaming facilities, riverboats, casinos,
and | ||||||
26 | other facilities authorized under this Act.
|
| |||||||
| |||||||
1 | (8) To require that the records, including financial or | ||||||
2 | other statements
of any licensee under this Act, shall be | ||||||
3 | kept in such manner as prescribed
by the Board and that any | ||||||
4 | such licensee involved in the ownership or
management of | ||||||
5 | gambling operations submit to the Board an annual balance
| ||||||
6 | sheet and profit and loss statement, list of the | ||||||
7 | stockholders or other
persons having a 1% or greater | ||||||
8 | beneficial interest in the gambling
activities of each | ||||||
9 | licensee, and any other information the Board deems
| ||||||
10 | necessary in order to effectively administer this Act and | ||||||
11 | all rules,
regulations, orders and final decisions | ||||||
12 | promulgated under this Act.
| ||||||
13 | (9) To conduct hearings, issue subpoenas for the | ||||||
14 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
15 | production of books, records
and other pertinent documents | ||||||
16 | in accordance with the Illinois
Administrative Procedure | ||||||
17 | Act, and to administer oaths and affirmations to
the | ||||||
18 | witnesses, when, in the judgment of the Board, it is | ||||||
19 | necessary to
administer or enforce this Act or the Board | ||||||
20 | rules.
| ||||||
21 | (10) To prescribe a form to be used by any licensee | ||||||
22 | involved in the
ownership or management of gambling | ||||||
23 | operations as an
application for employment for their | ||||||
24 | employees.
| ||||||
25 | (11) To revoke or suspend licenses, as the Board may | ||||||
26 | see fit and in
compliance with applicable laws of the State |
| |||||||
| |||||||
1 | regarding administrative
procedures, and to review | ||||||
2 | applications for the renewal of licenses. The
Board may | ||||||
3 | suspend an owners license or an organization gaming license | ||||||
4 | without notice or hearing upon a
determination that the | ||||||
5 | safety or health of patrons or employees is
jeopardized by | ||||||
6 | continuing a gambling operation conducted under that | ||||||
7 | license. The suspension may
remain in effect until the | ||||||
8 | Board determines that the cause for suspension
has been | ||||||
9 | abated. The Board may revoke an owners license or | ||||||
10 | organization gaming license upon a
determination that the | ||||||
11 | licensee has not made satisfactory progress toward
abating | ||||||
12 | the hazard.
| ||||||
13 | (12) To eject or exclude or authorize the ejection or | ||||||
14 | exclusion of, any
person from gambling facilities where | ||||||
15 | that person is in violation
of this Act, rules and | ||||||
16 | regulations thereunder, or final orders of the
Board, or | ||||||
17 | where such person's conduct or reputation is such that his | ||||||
18 | or her
presence within the gambling facilities may, in the | ||||||
19 | opinion of
the Board, call into question the honesty and | ||||||
20 | integrity of the gambling
operations or interfere with the | ||||||
21 | orderly conduct thereof; provided that the
propriety of | ||||||
22 | such ejection or exclusion is subject to subsequent hearing
| ||||||
23 | by the Board.
| ||||||
24 | (13) To require all licensees of gambling operations to | ||||||
25 | utilize a
cashless wagering system whereby all players' | ||||||
26 | money is converted to tokens,
electronic cards, or chips |
| |||||||
| |||||||
1 | which shall be used only for wagering in the
gambling | ||||||
2 | establishment.
| ||||||
3 | (14) (Blank).
| ||||||
4 | (15) To suspend, revoke or restrict licenses, to | ||||||
5 | require the
removal of a licensee or an employee of a | ||||||
6 | licensee for a violation of this
Act or a Board rule or for | ||||||
7 | engaging in a fraudulent practice, and to
impose civil | ||||||
8 | penalties of up to $5,000 against individuals and up to
| ||||||
9 | $10,000 or an amount equal to the daily gross receipts, | ||||||
10 | whichever is
larger, against licensees for each violation | ||||||
11 | of any provision of the Act, any rules adopted by the | ||||||
12 | Board, any order of the Board or any other action
which, in | ||||||
13 | the Board's discretion, is a detriment or impediment to
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14 | gambling operations.
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15 | (16) To hire employees to gather information, conduct | ||||||
16 | investigations
and carry out any other tasks contemplated | ||||||
17 | under this Act.
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18 | (17) To establish minimum levels of insurance to be | ||||||
19 | maintained by
licensees.
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20 | (18) To authorize a licensee to sell or serve alcoholic | ||||||
21 | liquors, wine or
beer as defined in the Liquor Control Act | ||||||
22 | of 1934 on board a riverboat or in a casino
and to have | ||||||
23 | exclusive authority to establish the hours for sale and
| ||||||
24 | consumption of alcoholic liquor on board a riverboat or in | ||||||
25 | a casino, notwithstanding any
provision of the Liquor | ||||||
26 | Control Act of 1934 or any local ordinance, and
regardless |
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1 | of whether the riverboat makes excursions. The
| ||||||
2 | establishment of the hours for sale and consumption of | ||||||
3 | alcoholic liquor on
board a riverboat or in a casino is an | ||||||
4 | exclusive power and function of the State. A home
rule unit | ||||||
5 | may not establish the hours for sale and consumption of | ||||||
6 | alcoholic
liquor on board a riverboat or in a casino. This | ||||||
7 | subdivision (18) is a denial and
limitation of home rule | ||||||
8 | powers and functions under subsection (h) of
Section 6 of | ||||||
9 | Article VII of the Illinois Constitution.
| ||||||
10 | (19) After consultation with the U.S. Army Corps of | ||||||
11 | Engineers, to
establish binding emergency orders upon the | ||||||
12 | concurrence of a majority of
the members of the Board | ||||||
13 | regarding the navigability of water, relative to
| ||||||
14 | excursions,
in the event
of extreme weather conditions, | ||||||
15 | acts of God or other extreme circumstances.
| ||||||
16 | (20) To delegate the execution of any of its powers | ||||||
17 | under this Act for
the purpose of administering and | ||||||
18 | enforcing this Act and the rules adopted by the Board.
| ||||||
19 | (20.5) To approve any contract entered into on its | ||||||
20 | behalf.
| ||||||
21 | (20.6) To appoint investigators to conduct | ||||||
22 | investigations, searches, seizures, arrests, and other | ||||||
23 | duties imposed under this Act, as deemed necessary by the | ||||||
24 | Board. These investigators have and may exercise all of the | ||||||
25 | rights and powers of peace officers, provided that these | ||||||
26 | powers shall be limited to offenses or violations occurring |
| |||||||
| |||||||
1 | or committed in a casino, in an organization gaming | ||||||
2 | facility, or on a riverboat or dock, as defined in | ||||||
3 | subsections (d) and (f) of Section 4, or as otherwise | ||||||
4 | provided by this Act or any other law. | ||||||
5 | (20.7) To contract with the Department of State Police , | ||||||
6 | or the Chicago Police Department for an owners license | ||||||
7 | issued under paragraph (1) of subsection (e-5) of Section | ||||||
8 | 7, for the use of trained and qualified State or Chicago | ||||||
9 | police officers and with the Department of Revenue for the | ||||||
10 | use of trained and qualified Department of Revenue | ||||||
11 | investigators to conduct investigations, searches, | ||||||
12 | seizures, arrests, and other duties imposed under this Act | ||||||
13 | and to exercise all of the rights and powers of peace | ||||||
14 | officers, provided that the powers of Department of Revenue | ||||||
15 | investigators under this subdivision (20.7) shall be | ||||||
16 | limited to offenses or violations occurring or committed in | ||||||
17 | a casino, in an organization gaming facility, or on a | ||||||
18 | riverboat or dock, as defined in subsections (d) and (f) of | ||||||
19 | Section 4, or as otherwise provided by this Act or any | ||||||
20 | other law. In the event the Department of State Police , the | ||||||
21 | Chicago Police Department, or the Department of Revenue is | ||||||
22 | unable to fill contracted police or investigative | ||||||
23 | positions, the Board may appoint investigators to fill | ||||||
24 | those positions pursuant to subdivision (20.6).
| ||||||
25 | (21) To adopt rules concerning the conduct of gaming | ||||||
26 | pursuant to an organization gaming license issued under |
| |||||||
| |||||||
1 | this Act. | ||||||
2 | (22) To have the same jurisdiction and supervision over | ||||||
3 | casinos and organization gaming facilities as the Board has | ||||||
4 | over riverboats, including, but not limited to, the power | ||||||
5 | to (i) investigate, review, and approve contracts as that | ||||||
6 | power is applied to riverboats, (ii) adopt rules for | ||||||
7 | administering the provisions of this Act, (iii) adopt | ||||||
8 | standards for the licensing of all persons involved with a | ||||||
9 | casino or organization gaming facility, (iv) investigate | ||||||
10 | alleged violations of this Act by any person involved with | ||||||
11 | a casino or organization gaming facility, and (v) require | ||||||
12 | that records, including financial or other statements of | ||||||
13 | any casino or organization gaming facility, shall be kept | ||||||
14 | in such manner as prescribed by the Board.
| ||||||
15 | (23) To take any other action as may be reasonable or | ||||||
16 | appropriate to
enforce this Act and the rules adopted by | ||||||
17 | the Board.
| ||||||
18 | (d) The Board may seek and shall receive the cooperation of | ||||||
19 | the
Department of State Police in conducting background | ||||||
20 | investigations of
applicants and in fulfilling its | ||||||
21 | responsibilities under
this Section. Costs incurred by the | ||||||
22 | Department of State Police as
a result of such cooperation | ||||||
23 | shall be paid by the Board in conformance
with the requirements | ||||||
24 | of Section 2605-400 of the Department of State Police Law.
| ||||||
25 | (e) The Board must authorize to each investigator and to | ||||||
26 | any other
employee of the Board exercising the powers of a |
| |||||||
| |||||||
1 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
2 | states that the badge is authorized by the Board
and
(ii) | ||||||
3 | contains a unique identifying number. No other badge shall be | ||||||
4 | authorized
by the Board.
| ||||||
5 | (Source: P.A. 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19.)
|